18.1.4.020Nonconforming Uses

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Where a use of land exists that would not be permitted under the current ordinance, but was lawful at the time it was established, the use may continue, provided it conforms to the following requirements:

A. Change in Nonconforming Use.A nonconforming use may be changed to another nonconforming use of the same or a more restricted nature. A change in a nonconforming use requires approval of a Conditional Use Permit under chapter 18.5.4.

B. Expansion of Nonconforming Use.Expansion of a nonconforming use shall not exceed 50 percent of the building square footage. Expansion of a nonconforming use requires approval of a Conditional Use Permit under chapter 18.5.4.

C. Discontinuation or Abandonment of Nonconforming Use.Except as provided by subsection 18.1.4.020.D, a nonconforming use that is discontinued for any reason other than fire or catastrophe beyond the owner’s control for a period of more than 12 months shall be deemed abandoned and shall no longer be an allowed use pursuant to all of the following requirements:

1. After the City has deemed a nonconforming use abandoned, the use shall not be allowed to resume, in whole or in part, under the same or different ownership/management; any such activity is a violation of this ordinance.

2. For purposes of calculating the 12 month period, discontinuance does not include a period of active reconstruction following a fire or other catastrophe beyond the owner’s control, and the Planning Commission through a Type II procedure in section 18.5.1.060 may extend the discontinuance period in the event of special unforeseen circumstances. A use is discontinued upon the first occurrence of any one of the following:

a. The date when the use of land is physically vacated.

b. The date the use ceases to be actively involved in the sale of merchandise or the provision of services; for example, as evidenced by the removal of signs, goods/stock, or office equipment, or the disconnection of telephone or utility service.

c. The date of termination of any lease or contract under which the nonconforming use has occupied the land.

d. The date a request for final reading of water and power meters is made to the applicable utility districts.

e. The date of an event similar to those listed in subsections a-d, above, as determined by the Staff Advisor.

D. Reestablishment of Nonconforming Status for Discontinued Use.Notwithstanding the provisions of subsection 18.1.4.020.C, a nonconforming use that is discontinued shall not be considered abandoned where the approval authority approves a Conditional Use Permit pursuant to chapter 18.5.4. The applicant shall demonstrate the reestablished use is equivalent to or more restricted than the abandoned use. In evaluating whether or not to permit the reestablishment of a nonconforming use, the approval authority, in addition to applying the criteria required for Conditional Use Permit, shall apply the following criteria.

1. Any improvements for the reestablishment of a nonconforming use on the site are limited to 50 percent of the value of the structure, except where such improvements bring the subject site, development or use into closer conformity with this ordinance. Valuation shall be determined as follows:

a. An independent real estate appraiser licensed in the State of Oregon shall determine the value of the structure.

b. The value of the improvement shall be determined based upon copies of the contractor’s bid for said improvements, which shall be required with the Conditional Use Permit application.

c. Personal property necessary for the operation of the business or site improvements not included in the structure shall not be counted as improvements under this criterion.

2. The traffic generated by the proposed use is not greater than the greatest traffic that would be generated by a permitted use. In assessing the traffic generated by the proposed use, the approval authority shall consider the average peak-hour number of vehicle trips per day, the hours of operation, and the types of traffic generated; i.e., truck or passenger vehicle. The approval authority may condition approval of the Conditional Use Permit limiting the land use so that traffic impacts are not greater than for uses permitted in the same zone.

3. The noise generated by the proposed use will comply with the AMC 9.08.170, and will not exceed the average ambient noise level already existing in the area, as measured pursuant to this section.

4. There shall be no lighting of the property that would have direct illumination on adjacent uses.

5. In a residential zone, the reestablishment will further implement Goal VI, Policy 2, Housing Chapter of the Comprehensive Plan.

6. Nothing herein shall apply to nonconforming signs, which are governed by the provisions of chapter 18.4.7 of this ordinance.

The Ashland Land Use Ordinance is current through Ordinance 3168, passed December 18, 2018.

Disclaimer: The City Recorder’s office has the official version of the Ashland Land Use Ordinance. Users should contact the City Recorder’s office for ordinances passed subsequent to the ordinance cited above.